Online Booking Form
Terms & Conditions - Rental Agreements
RENTAL VEHICLE AGREEMENT TERMS AND CONDITIONS
This is an Agreement between the prospective hirer identified on Page
1 (you) and the Company identified on page 1 (the Company) to rent
the motor vehicle described on Page 1 including all accessories, tools,
tyres and equipment and any replacement vehicle (the vehicle).
1. VEHICLE CONDITION AND RETURN
The vehicle is delivered to you in good operating condition and with
the seal of the odometer unbroken. You agree to return the vehicle in
the same condition (except for ordinary wear and tear NOT INCLUDING WINDSCREEN
DAMAGE) together with all tools, tyres, accessories and equipment to
the location specified on Page 1 and at the time and date there specified
(or sooner, if demanded by the Company). The Company may take possession
of the vehicle without demand and at your expense, if it is illegally
parked, used in violation of the law or of this agreement or if it is
apparently abandoned.
If the seal of the odometer is broken the persons responsible will be
reported to the appropriate authority and you are responsible for extra
charges based on 500 kilometres per day at 50c per kilometre.
Note: The company must be notified and agree to any extension of the period of hire beyond that stated on Page 1 of this agreement in advance of the return date and time or the vehicle will be immediately reported as stolen.
2. PAYMENT/RATES
All rates are in Australian Dollars ($A). Payment is made in full on
arrival, unless pre-paid with any of our Agents. We accept Visa, MasterCard,
Bank Card, Cash and Eftpos.
Irrespective of the actual payment method, a credit card must be produced
by the driver(s) for the purpose of receiving pre-authorisation from
the relevant credit card institution(s) for an unwaiverable amount equivalent
to the value of the insurance excess liability.
Rates shown are for drivers between 25 and 75 years of age.
Drivers between 21 and 25 years old incur an additional charge of $8.80 per day.
An additional $500 on all liabilities for drivers 21-25 years of age.
Probationary licences, drivers under 21 and drivers over 75 years are not accepted.
No learner drivers are accepted.
3. FINANCIAL OBLIGATIONS
Special Note: Joint hirers and all drivers are jointly and severally
responsible under this agreement.
YOU ARE RESPONSIBLE FOR AND BY ENTERING INTO THE AGREEMENT ON PAGE 1 YOU AUTHORISE THE COMPANY TO DEBIT YOU CREDIT CARD/DEPOSIT (and you will pay on demand any balance) WITH THE FOLLOWING CHARGES:
- All rental and administrative charges specified on Page 1.
- All charges claimed from the Company in respect of parking or any other traffic violations incurred during the period of hire or until such later time as the vehicle is returned to the Company.
- All loss of or damage to the motor vehicle (including loss of use) legal expenses, assessment fees, towing and recovery, storage and company service charges where:
- any condition of this agreement, and in particular Condition 2, or any special condition on Page 1 has been breached;
- the vehicle is involved in a single vehicle accident unless the Company waives such loss to an amount shown on Page 1;
- you have left the vehicle unlocked or left the keys in the vehicle;
- you have not kept the key secure and under your personal control;
- the underbody of the vehicle is damaged regardless of cause when no other vehicle is involved;
- the vehicle is totally or partially immersed in water regardless of cause;
- the interior of the vehicle is damaged regardless of cause when no other vehicle is involved;
- the tyres or the vehicle are damaged other than by normal wear;
- the vehicle is damaged by driving it under or into an object lower than the height of the vehicle;
- you have failed to maintain all fluid and fuel levels or failed to immediately rectify or report to us any defect of which you become aware;
- the vehicle is damaged by loading or unloading, other than normal wear.
- the vehicle is damaged as a result of storm or hail damage.
Special Note: If you have paid by use of a credit card or directed the Company to bill charges to some other person, corporation, firm or organization who or which fails make payment when due, you will immediately pay the full amount due to the Company on demand.
4. HOLDING DEPOSIT/BOND
A holding deposit equal to the hirers Standard liability is pre-authorised
on the nominated Credit Card on arrival. This is cancelled on return
subject to a final and satisfactory inspection of the rental vehicle.
THE CREDIT CARD HOLDER MUST BE PRESENT ON ARRIVAL, sign and be included on the Rental Agreement.
5. PAYMENT
At the end of the Rental Period, You must pay TOUCHDOWN CAR RENTALS
on demand:
- all charges specified on the Rental Document and all charges payable under the Rental Agreement;
- any amount paid or payable by TOUCHDOWN CAR RENTALS or You to any person arising out of Your use of the Vehicle or imposed on You or TOUCHDOWN CAR RENTALS by any governmental or other competent authority (such as speeding, parking and traffic fines); and
- any amount for which You are liable to TOUCHDOWN CAR RENTALS under the Rental Agreement, in respect of a breach of the Rental Agreement or otherwise. TOUCHDOWN CAR RENTALS will provide details to You of any amount payable under this clause.
The minimum charge You must pay for the rental of the Vehicle is an amount equivalent to:
- one days rental at the “daily rate” shown on the Rental Document plus
- the amount payable for the number of kilometres, limited to 200 kilometres per day, driven during the Rental Period.
Distance charges are measured from the Vehicle’s odometer.
You authorise TOUCHDOWN CAR RENTALS to charge all moneys payable to TOUCHDOWN CAR RENTALS under the Rental Agreement to Your credit card or charge account.
TOUCHDOWN CAR RENTALS will pay, within a reasonable time, any refund due to You by such method as TOUCHDOWN CAR RENTALS may reasonably choose.
6. LOSS/DAMAGE WAIVER
If you act within the terms and conditions of this agreement the company
will grant a loss/damage waiver (including legal costs incurred with
our consent) for your benefit in respect of damage to the vehicle or
third party damage other than any property owned by you (or any friend,
associate or passenger) or in your physical or legal control. This
waiver is subject to:
- Your payment of the minimum damage or loss of use charge stated on Page 1.
- Your not having acted or having caused any other person to have acted in any manner which is in contravention of this agreement including the special conditions of Page 1.
- You’re not being covered under any policy of insurance.
- Your providing such information and assistance as may by requested and, if necessary, authorizing the company insurer to bring, defend or settle legal proceedings, but the company shall have sole conduct of the proceedings.
7. GENERAL PROVISIONS
- VEHICLE CONDITION & RETURN
You agree to maintain tyre pressure, fluids and fuel at the proper operating levels and to immediately report to Us any defect. We must be notified and agree to any extension to the period of Hire as noted on the Rental Agreement, in advance of the return date and time. If You fail to return the Vehicle to Us by the agreed date and time as noted on the Rental Agreement the Vehicle will be immediately reported to the police as having been stolen. We may take possession of the Vehicle without prior demand: if it is illegally parked; in Our opinion is being Used or has been Used in contravention of any law or of a term of the Rental Agreement.
- STREET DIRECTORIES/MAPS
We provide a complementary street directory with all vehicles. Non-return will incur a $60 replacement fee.
- BABY and BOOSTER SEATS
Baby and Booster seats are available @ $3 per day each. It is advisable to book during the busy months.
- We reserve the right to refuse hire of another Vehicle to You following
any incident or accident where You have breached a term of this Rental
Agreement. We are not liable for any loss or damage to personal property
left in the Vehicle, or any property received, handled or stored by
Us at any time before, during or after the hire period. No hirer, driver
or passengers in the Vehicle shall be deemed to be Our agent, servant
or employee, in any manner or for any purpose whatsoever. To the fullest
extent permitted by law, all terms, conditions and warranties which
would otherwise be implied are hereby expressly excluded. Whenever
We are permitted to limit Our liability under State and/or Federal
statute for breach of an implied condition or warranty, Our liability
is limited to the replacement, repair or re-supply of the Vehicle.
We are not liable for any indirect, special, incidental or consequential
damage suffered by You or any other person due to any breach of this
Rental Agreement by Us and You release and indemnify Us (including
for legal costs) from any such claim. None of Our rights under this
Rental Agreement may be waived or abandoned. You will be responsible
for the Vehicle and the Hire will continue until We make Our final
inspection (including circumstances where-in the inspection cannot
take place for some time, e.g. You return the Vehicle to a location
which is unattended).
- You will promptly report any accident or loss involving the vehicle while rented under this agreement to the Company location where the vehicle was hired and will deliver to the Company immediately, every summons, complaint or paper in relation to such loss. Compliance with this sub-paragraph does not excuse the hirer from reporting an accident to police or other proper authorities.
- You release and hold harmless the Company (and its agents and employees) from all claims for loss or damage to their personal property, or that of any other person left in the vehicle, which is received handled or stored by the company at any time before, during or after this rental period, whether due to the Company’s negligence or otherwise.
- Except as provided by law no driver or passenger in the vehicle shall be or deemed to be the agent, servant or employee of the Company in any manner for any purpose whatsoever.
- THE COMPANY GIVES NO EXPRESS OR IMPLIED WARRANTY AS TO ANY MATTER WHATSOEVER INCLUDING WITHOUT LIMITATION THE CONDITION OF THE VEHICLE AND EQUIPMENT, ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
- No right of the Company under this agreement may be waived except in writing by an officer of the company.
- Words used in this agreement to denote any gender shall include all genders, singular words include the plural, and vice versa. No provisions of the Rental Agreement affect Your Consumer Rights.
- TERMINATION
Either party may terminate the Rental Agreement at any time if the other party commits a material breach of the Rental Agreement.
If the Rental Agreement is terminated early for any reason other than a breach by TOUCHDOWN CAR RENTALS, You agree to pay rental charges that reflect the actual duration of the rental. Such charges may be higher then those that apply for a longer rental period. - AREA OF USE
GOLD COAST and BRISBANE RENTALS. Vehicles to be driven within NOOSA - BRISBANE - GOLD COAST - BYRON BAY Areas. - UNAUTHORISED AND PROHIBITED USE
Persons who must not drive the vehicle:
a) A person who is not identified on Page 1.
b) A person who is not licensed for that class of vehicle.
c) A person whose blood alcohol concentration exceeds the lawful percentage.
d) A person who has given or for whom you have given a false name, age, address or driver’s licence details.
e) A person, whose driver’s licence has been cancelled, endorsed or suspended within the last three years.
f) A person who has held a driver’s licence for less than two years.
Circumstances in which and/or for which the vehicle must not be used:
g) Outside the area of use limitations shown in clause 9.
h) On unsealed roads or off road conditions unless authorized by us in writing.
i) To carry persons for hire or to carry any inflammable, explosive or corrosive materials.
j) To propel or tow any vehicle, trailer, boat or other object unless the Company has authorized such use in writing.
k) To carry any greater load and/or more persons than is lawful.
l) For racing, pace making, reliability trials, speed trials, hill climbing or being tested in preparation for those purposes.
m) In a dangerous manner.
n) In contravention of any legislation or regulation controlling vehicular traffic or for any illegal purpose. - FUEL
The vehicle must be returned with the amount of fuel equal to that at the time of the commencement of the rental. If the vehicle is returned with less fuel the difference will be charged at a rate which may include a service component unless prior arrangements have been made and noted on page 1. - JURISDICTION
This Rental Agreement shall be governed and construed in accordance with the law in the State of Queensland.
I HAVE READ, UNDERSTOOD AND ACCEPTED THE TERMS AND CONDITIONS, BEFORE
MAKING ANY AGREEMENT TO HIRE ANY VEHICLE.